s 3

Terms used

In force

(1)

In this Act, unless the contrary intention appears —

access, in relation to services, has the same meaning that it has when used in that context in the Competition and Consumer Act 2010 (Commonwealth);

AES code of practice means the code of practice for the time being in force under section 59X;

AES customer contract means a contract entered into between a registration holder and a small use customer, or a class of small use customers, for the provision of an alternative electricity service;

alternative electricity service means an activity prescribed by the regulations as an alternative electricity service;

arbitrator has the meaning given to that term in the Energy Arbitration and Review Act 1998 section 61;

Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003;

Board has the meaning given to that term in the Energy Arbitration and Review Act 1998 section 49;

Code means the Code for the time being in force under section 104;

Competition Principles Agreement means the Competition Principles Agreement made on 11 April 1995 by the Commonwealth, the States and the Territories, as in force for the time being;

connected facility, in relation to a distribution system, means electricity infrastructure connected to the distribution system that manages or controls the flow of electricity to or from the distribution system;

Coordinator means the Coordinator of Energy referred to in the Energy Coordination Act 1994 section 4;

covered network means network infrastructure facilities that —

(a)

were covered by the Code immediately before the day on which the Electricity Industry Amendment Act 2020 section 4(3) comes into operation and that have not ceased to be a covered network; or

(b)

the Minister has decided under the Code are to be a covered network and that have not ceased to be a covered network; or

(c)

are prescribed in the Pilbara Networks Access Code under section 120B(a) to be a covered Pilbara network and that have not ceased to be so prescribed; or

(d)

a network service provider has opted, under the Pilbara Networks Access Code, to be regulated under Part 8A and that —

(i)

have not ceased to be so regulated under that code as a consequence of an option by the network service provider for the facilities to cease to be so regulated; or

(ii)

have not otherwise ceased to be a covered network;

covered Pilbara network means a covered network that is located wholly or partly in the Pilbara region;

customer means a person to whom electricity is sold for the purpose of consumption;

distribution licence means a licence with the classification described in section 4(1)(c);

distribution system means electricity infrastructure used, or to be used, for, or in connection with, or to control, the transportation of electricity at nominal voltages that are less than the prescribed voltage;

electricity includes electrical energy of any kind however produced, stored, transported or consumed;

electricity corporation means —

(a)

the Electricity Generation and Retail Corporation; or

(b)

the Electricity Networks Corporation; or

(c)

the Regional Power Corporation;

Electricity Generation and Retail Corporation has the meaning given in the Electricity Corporations Act 2005 section 3(1);

electricity infrastructure —

(a)

means wires, apparatus, equipment, plant or buildings used, or to be used, for, or in connection with, or to control, the transportation of electricity; and

(b)

includes electrical equipment used, or to be used, to transfer electricity to or from an electricity network at the relevant point of connection including any transformers or switchgear at the relevant point or that is installed to support, or to provide backup to, that electrical equipment as is necessary for that transfer;

electricity network means a distribution system or a transmission system;

Electricity Networks Corporation means the body established by the Electricity Corporations Act 2005 section 4(1)(b);

electricity services means services that are necessary or incidental to the supply of electricity to consumers of electricity;

electricity system means the following —

(a)

distribution systems;

(b)

generating works;

(c)

stand‑alone power systems;

(d)

storage works;

(e)

transmission systems;

(f)

wires, apparatus, equipment, plant or buildings that are incidental to the supply of electricity;

electricity system and market rules has the meaning given in section 123(1);

embedded network —

(a)

means a distribution system that —

(i)

supplies electricity to at least 1 customer who is not an entity in control of the distribution system or at least 1 premises that is not occupied by an entity in control of the distribution system; and

(ii)

is supplied with electricity by another distribution system; and

(iii)

is not part of a covered network;

and

(b)

includes a distribution system referred to in paragraph (a) that is capable of operating without receiving a supply of electricity from another electricity network; but

(c)

does not include a distribution system of a class that is prescribed by the regulations not to be an embedded network;

generating works means any wires, apparatus, equipment, plant or buildings used, or to be used, for, or in connection with, or to control, the generation of electricity;

generation licence means a licence with the classification described in section 4(1)(a);

integrated regional licence means a licence with the classification described in section 4(1)(e);

licence means —

(a)

a generation licence; or

(b)

a transmission licence; or

(c)

a distribution licence; or

(d)

a retail licence; or

(e)

an integrated regional licence;

licence area means the area or areas designated in a licence under section 5;

licensee means the holder of a licence and includes any transferee of a licence under section 18;

network infrastructure facilities —

(a)

means electricity infrastructure used, or to be used, for the purpose of transporting electricity from generators of electricity to other electricity infrastructure or to end users of electricity; and

(b)

includes stand‑alone power systems, or storage works, used, or to be used, as an adjunct to electricity infrastructure;

non‑standard contract means a contract entered into between a licensee and a small use customer, or a class of small use customers, that is not a standard form contract;

operate, in relation to generating works, a transmission system, or a distribution system, includes —

(a)

to maintain the works or system; and

(b)

to make any modifications necessary or desirable for the operation of the works or system;

Pilbara network means network infrastructure facilities that are located wholly or partly in the Pilbara region;

Pilbara Networks Access Code means the Pilbara Networks Access Code for the time being in force under Part 8A Division 2;

Pilbara networks rules means the Pilbara networks rules for the time being in force under Part 8A Division 3;

Pilbara region means the Pilbara region defined in the Regional Development Commissions Act 1993 Schedule 1;

prescribed voltage means the voltage prescribed by the regulations for this definition;

quality, in relation to the supply of electricity, means the extent to which the supply of electricity complies with any technical requirements of —

(a)

the regulations; and

(b)

the electricity system and market rules; and

(c)

a standard made under section 39(2)(d);

Regional Power Corporation means the body established by the Electricity Corporations Act 2005 section 4(1)(d);

registration means a registration under Part 3A;

registration holder —

(a)

means the holder of a registration; and

(b)

includes a transferee of a registration;

reliability, in relation to the supply of electricity or the operation of an electricity system, means the ability of the electricity system to maintain or supply consistent delivery of electricity to customers;

retail licence means a licence with the classification described in section 4(1)(d);

security, in relation to the supply of electricity or the operation of an electricity system, includes the ability of the supply or electricity system to withstand disruption or disturbance or changed circumstances of supply or operation;

services means —

(a)

the transport of electricity, and other services, provided by means of network infrastructure facilities; and

(b)

services ancillary to those services;

South West interconnected system means the interconnected transmission and distribution systems, generating works and associated works —

(a)

located in the South West of the State and extending generally between Kalbarri, Albany and Kalgoorlie; and

(b)

into which electricity is supplied by —

(i)

one or more of the electricity generation plants at Kwinana, Muja, Collie and Pinjar; or

(ii)

any prescribed electricity generation plant;

small use customer means a customer who consumes not more than 160 MWh of electricity per annum;

stand‑alone power system means wires, apparatus, equipment, plant or buildings (including generating works, a distribution system and any storage works) —

(a)

which together are used, or to be used, for, or in connection with, or to control, the supply of electricity to a single customer or not more than a prescribed number of customers; and

(b)

which are not connected to another electricity network (other than that of the customer or customers);

standard form contract means a contract that is approved under section 51;

State electricity objective has the meaning given in section 3A(1);

storage activity means an activity comprising all of the following —

(a)

receiving energy in the form of electricity;

(b)

storing the received energy in any form;

(c)

discharging the stored energy in the form of electricity;

storage works means any wires, apparatus, equipment, plant or buildings used, or to be used, for, or in connection with, or to control, a storage activity;

subsidiary, in relation to an electricity corporation, has the meaning given to that term in the Electricity Corporations Act 2005 section 3(1);

supply means to do any one or more of the following —

(a)

generate;

(b)

transport through a transmission system;

(c)

transport through a distribution system;

(d)

sell;

transmission licence means a licence with the classification described in section 4(1)(b);

transmission system means electricity infrastructure used, or to be used, for, or in connection with, or to control, the transportation of electricity at nominal voltages equal to or higher than the prescribed voltage.

(2)

In this Act, a reference to the regulation of a covered network under Part 8 or 8A, or of a covered Pilbara network under Part 8A, is a reference to access to the services of that network being regulated under that Part.

[Section 3 amended: No. 18 of 2005 s. 139; No. 16 of 2009 s. 57; No. 25 of 2013 s. 39(2) and (3); No. 9 of 2020 s. 4; No. 1 of 2024 s. 4; No. 10 of 2024 s. 4.]

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